Tribune Co. to emerge from bankruptcy Monday

The last day of 2012 is the first of a new era for Tribune Co.

After spending more than four years embroiled in a contentious Chapter 11 bankruptcy case, the reorganized Chicago-based media company will emerge Monday under new owners and a newly appointed board, freed from its massive debt and facing an uncertain future.

Senior creditors Oaktree Capital Management, Angelo, Gordon & Co. and JPMorgan Chase & Co. are set to take control of Tribune Co.’s storied portfolio of publishing and broadcasting assets, including the Chicago Tribune, officials said.

It was an almost anticlimactic end to a long and painful chapter in Tribune Co.’s 165-year history. Late Sunday, the new Tribune Co. named its board of directors, filed notification with the Delaware bankruptcy court where the bulk of legal wrangling took place and declared its existence.

“It took a long time to get here,” said Ken Liang, a managing director at Oaktree and a new member of the board. “It was a tough restructuring. We’re pretty excited about the exit.”

The new board also will include Tribune Co. CEO Eddy Hartenstein; Ross Levinsohn, who recently left as interim chief executive of Yahoo Inc.; Craig Jacobson, a well-known entertainment lawyer; Peter Murphy, a former strategy executive at Walt Disney Co. and Ceasars Entertainment; Bruce Karsh, Oaktree president; and Peter Liguori, a former top television executive at Fox and Discovery.

Liguori is expected to be named chief executive of Tribune Co. going forward.

Hartenstein, who is publisher of the Los Angeles Times, has been CEO of Tribune Co. since May 2011. He will remain in the role until the board convenes its first meeting in the next several weeks, where it will name the company’s executive officers, according to a company statement.

“Tribune will emerge from the bankruptcy process as a multi-media company with a great mix of profitable assets, strong brands in major markets and a much-improved capital structure,” Hartenstein said in the statement.

Tribune Co. owns 23 television stations, including WGN-Ch. 9, WGN America, eight daily newspapers and other media assets, all of which the reorganization plan valued at $4.5 billion after cash distributions and new financing. Eventually, all the assets are expected to be sold, according to the new owners.

They take the reins of a company that saw its worth essentially cut in half since 2007, when Chicago billionaire Sam Zell took it private in an $8.2 billion leveraged buyout. The rapid decline was mostly due to falling newspaper valuations in the face of digital competition. The anticipated hiring of Liguori suggests that broadcasting will be the operational focus going forward, according to several media analysts.

Los Angeles-based Oaktree, the largest shareholder, with about 22 percent of the equity, appointed two of seven board members. Both Angelo Gordon and JPMorgan have roughly a 9 percent stake and appointed one seat each. The three jointly appointed two more board members, with the final seat occupied by the chief executive.

Among the outgoing board members is Zell, whose deal was seen at the time as an alternative to the squabbles within Tribune Co. that threatened to break apart the then-publicly traded company. But the Great Recession and plummeting advertising revenues across all media, especially the struggling newspaper industry, made the company’s resulting $13 billion debt load untenable.

Tribune Co. filed for Chapter 11 bankruptcy protection in December 2008. Zell blamed a “perfect storm” of industry and economic forces. But the bankruptcy case turned on charges leveled by junior creditors that saddling the company with such a debt burden left it insolvent from the outset.

Led by an aggressive distressed debt fund called Aurelius Capital Management, the junior creditors pressed litigation that stretched out the case for three and a half years in a Delaware court before U.S. Bankruptcy Judge Kevin Carey confirmed the reorganization plan in July. An emergency appeal to stay that decision was dismissed by the 3rd U.S. Circuit Court of Appeals in September. In November, the Federal Communications Commission signed off on waivers needed to transfer Tribune Co.’s broadcast properties to the new ownership, clearing the last hurdle to its emergence from Chapter 11.

“Usually, bankruptcy cases like this take much less time and cost less money,” said Douglas Baird, a bankruptcy expert and law professor at the University of Chicago.

Baird said legal fees for most large corporate bankruptcies run 3 to 4 percent of the company’s total worth. The Tribune Co. case, which will likely cost the company more than $500 million in legal and other professional fees, was more than twice that percentage, due to both the extended litigation and the company’s declining valuation.

Before cash distributions and new financing, a 2012 analysis by financial adviser Lazard valued the broadcasting assets, including the TV stations, WGN-AM 720, CLTV and national cable channel WGN America, at $2.85 billion. Other strategic assets, such as online job site CareerBuilder and cable channel Food Network, are worth $2.26 billion.

Tribune Co.’s newspaper holdings, including the Tribune, Los Angeles Times and six other daily publications, have withered to $623 million in total value, according to Lazard. In 2006, entertainment mogul David Geffen made a $2 billion cash offer for the Los Angeles Times.

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Bulls hold off Wizards 87-77

After losing back-to-back games in rare lopsided fashion, Bulls coach Tom Thibodeau called on his players to ramp up the intensity.

Inserting Richard Hamilton into the starting lineup and returning Luol Deng to the court were supposed to be two ways of doing that.

While Thibodeau may not deem the Bulls cured of the low energy he said had plagued the team previously and would not be thrilled with having to shake off the league's worst team with an 87-77 victory over the Wizards on Saturday night at the United Center, having the two dependable starters back was a boost.

Deng came back from a right ankle injury but sat for much of the fourth quarter and finished with 11 points. Hamilton returned from a left torn plantar fascia in his left foot that caused him to miss 12 games, scoring nine points in 15 minutes.

Despite his returning to the bench with Hamilton's return, it was Marco Belinelli who helped the Bulls with a team-high 17 points in 33 minutes.

Playing against the worst team in the NBA would seem to be a pretty simple way to ignite an energy surge but the Bulls struggled to build a significant lead until the final five minutes when they pulled ahead by holding the Wizards scoreless in the final 4 minutes, 47 seconds.

The Wizards are now just 1-13 away from Washington and were coming off their first victory in nine games before playing the Bulls.

The Bulls, one of the league leaders in scoring defense, held the Wizards, the league's lowest scoring team, to 36.5 percent shooting. The Wizards were without leading scorer Jordan Crawford, who sat out with a left ankle injury after averaging 21.8 points per game in the last six outings.

But the Bulls shot only 39.1 percent from the field.

The Bulls knew what they were missing while Hamilton was out.

"His catch and shoot ability," Thibodeau said. "His ability to make plays, run the floor, get out in transition. Overall, his veteran experience."

Thibodeau said the Bulls would continue to monitor Hamilton's minutes.

"It's not going to change from where we started," he said of Hamilton's playing time. "He's at the stage of his career where I think you have to be careful. So we'll do that."

Thibodeau had bemoaned the Bulls' second quarter struggles.

They had scored just 19 points in the second quarter in their loss to the Rockets on Christmas and only 16 points in the second quarter in their loss to the Hawks a week ago.

It's a trend Thibodeau was eager to see end. After trailing by eight points in the first quarter, the Bulls outscored the Wizards 23-13 in the second quarter for a 45-39 halftime lead.

The other quarters were a bigger problem this time.

sryan@tribune.com

Twitter @sryantribune

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Praying Hitler in ex-Warsaw ghetto sparks emotion

WARSAW, Poland (AP) — A statue of Adolf Hitler praying on his knees is on display in the former Warsaw Ghetto, the place where so many Jews were killed or sent to their deaths by Hitler’s regime, and it is provoking mixed reactions.

The work, “HIM” by Italian artist Maurizio Cattelan, has drawn many visitors since it was installed last month. It is visible only from a distance, and the artist doesn’t make explicit what Hitler is praying for, but the broader point, organizers say, is to make people reflect on the nature of evil.

In any case, some are angered by the statue’s presence in such a sensitive site.

One Jewish advocacy group, the Simon Wiesenthal Center, this week called the statue’s placement “a senseless provocation which insults the memory of the Nazis’ Jewish victims.”

“As far as the Jews were concerned, Hitler’s only ‘prayer’ was that they be wiped off the face of the earth,” the group’s Israel director, Efraim Zuroff, said in a statement.

However, many others are praising the artwork, saying it has a strong emotional impact. And organizers defend putting it on display in the former ghetto.

Fabio Cavallucci, director of the Center for Contemporary Art, which oversaw the installation, said, “There is no intention from the side of the artist or the center to insult Jewish memory.”

“It’s an artwork that tries to speak about the situation of hidden evil everywhere,” he said.

The Warsaw ghetto was an area of the city which the Nazis sealed off after they invaded Poland. They forced Jews to live in cramped, inhuman conditions there as they awaited deportation to death camps. Many died from hunger or disease or were shot by the Germans before they could be transported to the camps.

The Hitler installation is just one object in a retrospective of Cattelan’s work titled “Amen,” a show that explores life, death, good and evil. The other works are on display at the center itself, which is housed in the Ujazdowski Castle.

The Hitler representation is visible from a hole in a wooden gate across town on Prozna Street. Viewers only see the back of the small figure praying in a courtyard. Because of its small size, it appears to be a harmless schoolboy.

“Every criminal was once a tender, innocent and defenseless child,” the center said in a commentary on the work.

Poland’s chief rabbi, Michael Schudrich, said he was consulted on the installation’s placement ahead of time and did not oppose it because he saw value in the artist’s attempt to try to raise moral questions by provoking viewers.

He said he was reassured by curators who told him there was no intention of rehabilitating Hitler but rather of showing that evil can present itself in the guise of a “sweet praying child.”

“I felt there could be educational value to it,” said Schudrich, who also wrote an introduction to the exhibition’s catalogue in which he says art can “force us to face the evil of the world.”

On Friday, a stream of people walked by to view the work, and many praised it.

“It had a big emotional impact on me. It’s provocative, but it’s not offensive,” said Zofia Jablonska, a 30-year-old lawyer. “Having him pray in the place where he would kill people — this was the best place to put it.”

Cattelan caused controversy in Warsaw in 2000 when another gallery showed his work “La Nona Ora” — or “The Ninth Hour” — which depicts the late Pope John Paul II being crushed by a meteorite. That offended many in Poland, which is both deeply Catholic and was John Paul’s homeland.

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Questcor Finds Profit for Acthar Drug, at $28,000 a Vial

Kevin Moloney for The New York Times

Christina Culver with her son Tyler, 6, at home in Colorado Springs this month. In 2007, Tyler was hospitalized when the price of Acthar soared.

THE doctor was dumbfounded: a drug that used to cost $50 was now selling for $28,000 for a 5-milliliter vial.

The physician, Dr. Ladislas Lazaro IV, remembered occasionally prescribing this anti-inflammatory, named H.P. Acthar Gel, for gout back in the early 1990s. Then the drug seemed to fade from view. Dr. Lazaro had all but forgotten about it, until a sales representative from a company called Questcor Pharmaceuticals appeared at his office and suggested that he try it for various rheumatologic conditions.

“I’ve never seen anything like this,” Dr. Lazaro, a rheumatologist in Lafayette, La., says of the price increase.

How the price of this drug rose so far, so fast is a story for these troubled times in American health care — a tale of aggressive marketing, questionable medicine and, not least, out-of-control costs. At the center of it is Questcor, which turned the once-obscure Acthar into a hugely profitable wonder drug and itself into one of Wall Street’s highest fliers.

At least until recently, that is. Now some doctors, insurance companies and investors are beginning to have doubts about whether the drug is really any better than much cheaper alternatives. Short-sellers have written scathing criticisms of the company, questioning its marketing tactics and predicting that its shareholders are highly vulnerable.

 That Acthar is even a potential blockbuster is a remarkable turn of events, considering that the drug was developed in the 1950s by a division of Armour & Company, the meatpacking company that once ruled the Union Stock Yards of Chicago. As in the 1950s, Acthar is still extracted from the pituitary glands of slaughtered pigs — essentially a byproduct of the meatpacking industry.

The most important use of Acthar has been to treat infantile spasms, also known as West syndrome, a rare, sometimes fatal epileptic disorder that generally strikes before the age of 1.

For several years, Questcor, which is based in Anaheim, lost money on Acthar because the drug’s market was so small. In 2007, it raised the price overnight, to more than $23,000 a vial, from $1,650, bringing the cost of a typical course of treatment for infantile spasms to above $100,000. It said it needed the high price to keep the drug on the market.

“We have this drug at a very high price right now because, really, our principal market is infantile spasms,” Don M. Bailey, Questcor’s chief executive, told analysts in 2009. “And we only have about 800 patients a year. It’s a very, very small — tiny — market.”

Companies often charge stratospheric prices for drugs for rare diseases — known as orphan drugs — and Acthar’s price is not as high as some. Society generally tolerates those costs to encourage drug companies to develop crucial, possibly lifesaving drugs for these often neglected diseases.

But Questcor did almost no research or development to bring Acthar to market, merely buying the rights to the drug from its previous owner for $100,000 in 2001. And while the manufacturing of Acthar is complex, it accounts for only about 1 cent of every dollar that Questcor charges for the drug.

Moreover, the tiny “orphan” market soon became much bigger. Before long, Questcor began marketing the drug for multiple sclerosis, nephrotic syndrome and rheumatologic conditions, even though there is little evidence that Acthar is more effective for those other conditions than alternatives that are far cheaper. And the company did so without being required to prove that the drug actually works. That is because Acthar was approved for use in 1952, before the Food and Drug Administration required clinical trials to show a drug is effective for a particular disease. Acthar is essentially grandfathered in.

Today, only about 10 percent of the drug’s sales are for infantile spasms. The new uses, Mr. Bailey has told analysts, represent multibillion-dollar opportunities for Acthar and Questcor, its sole maker.

The results have been beyond even the company’s wildest dreams. Sales of Acthar, which accounts for essentially all of Questcor’s sales, totaled nearly $350 million in the first nine months this year, up 145 percent from the period a year earlier. In the same period, Questcor’s earnings per share nearly tripled, to $2.12. In the five years after the big Acthar price increase in August 2007, Questcor shares rose from around 60 cents to about $50, in one of the best performances of any stock in any industry.

But in September, the shares plummeted after Aetna, the big insurer, said it would no longer pay for Acthar, except to treat infantile spasms, because of lack of evidence the drug worked for other diseases. The stock now trades at $26.93.

Peter Wickersham, senior vice president for cost of care at Prime Therapeutics, a pharmacy benefits manager that has found the drug is possibly being overused, says the huge increase in Acthar’s price for patients “just invites the type of scrutiny that it’s received.”

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FCC acts to expand in-flight Internet service

FCC Chairman Julius Genachowski addresses the media at the agency's headquarters in 2010. (Alex Wong/Getty Images / December 28, 2012)

Reuters

3:04 p.m. CST, December 28, 2012

The Federal Communications Commission has cleared the way for wider adoption of in-flight Internet services, aiming to cut by as much as 50 percent the time needed for regulatory approval.

Newly adopted rules should boost competition in this part of the U.S. mobile telecommunications market and promote "the widespread availability of Internet access to aircraft passengers," the FCC said in a statement Friday.

Since 2001, the commission has cleared companies case-by-case to market in-flight broadband services via a satellite antenna fixed to an aircraft's exterior.

Under a new framework, the licensing procedures will be simpler, the commission said.

Airlines will be able to test systems that meet the commission's standards, establish that they do not interfere with aircraft systems and then get approval of the Federal Aviation Administration, the FCC statement said.

The FAA, a Labor Department arm responsible for operating the nation's air traffic control system, said in response that the FCC's effort to establish standards "will help to streamline the process" for airlines to install Internet hookups on planes.

The goal is to speed the processing of applications by up to 50 percent, FCC Chairman Julius Genachowski said in a separate statement.

The FCC drive to promote broadband aboard planes does not change a ban on the in-flight use of cell phones, which is tied to concerns about interference with ground stations.

Genachowski earlier this month urged the Federal Aviation Administration to allow more electronics on aircraft.

The FAA announced in August that it was forming a government-industry group to study aircraft operators' policies to determine when portable electronic devices may be used safely during flight.

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Chicago marks 500 homicides

Chicago police investigate the scene of a fatal shooting in the 1000 block of North Lavergne on Chicago's West Side. (Chris Sweda/ Chicago Tribune)

On the surface, Nathaniel Jackson fit the profile of the vast majority of Chicago's homicide victims in 2012 — he had a lengthy arrest record and alleged gang ties.

But when Jackson was shot and killed Thursday night, just months after getting out of prison, he also earned the unfortunate distinction of being the 500th homicide victim in Chicago this year, a grim milestone the city reached for the first time in four years.

While Chicago had almost twice as many slayings 20 years ago as it did this year, the number 500 is a largely symbolic threshold, a reminder of the year's escalated violence and a numerical bar the city had not reached since 513 were killed in 2008.

By mid-November the city already had tallied the most homicides in four years. As of Friday, Chicago had an estimated 17 percent increase in homicides over 2011, and an 11 percent increase in shootings, according to police.

The city's rising homicide tally has been a thorny issue for Mayor Rahm Emanuel and police Superintendent Garry McCarthy for much of the year.

"It was a milestone on those days when we had zero murders and zero shootings. Those are milestones. This is a negative one, something that we never wanted," McCarthy told the Tribune Thursday afternoon, hours before Jackson, 40, was killed. "But in perspective, there's no such thing as an acceptable murder number. Even if we cut it down to 300 next year, it's still … unacceptable."

The department went back and forth Friday over whether Jackson was the 500th homicide victim so far this year, at first confirming it and then denying it, saying a homicide last week had been reclassified as a death investigation, therefore making Jackson the 499th homicide. But by late afternoon, the department once again confirmed there had been 500 homicides.

"The city has seen its 500th homicide for 2012, a tragic number that is reflective of the gang violence and proliferation of illegal guns that have plagued some of our neighborhoods," McCarthy said in a statement. "Every homicide in Chicago is unacceptable to me and the hardworking men and women of the Chicago Police Department, who, this year, achieved a record drop in overall crime throughout our city."

Chicago's homicide rate also remains a major issue for Emanuel heading into the new year. Beyond the very real human cost, there's a perception problem for the city.

The homicide rate in Chicago far exceeds the rates in New York City and Los Angeles. While the homicide rate in LA has remained relatively flat and New York's has gone down — homicides there have fallen by more than 20 percent this year — Emanuel, known for carefully trying to craft the narrative of his tenure as mayor, has seen Chicago's violence attract national attention.

The mayor was on vacation Friday with his family but issued a statement to the Tribune:

"Chicago has reached an unfortunate and tragic milestone, which not only marks a needless loss of life but serves as a reminder of the damage that illegal guns and conflicts between gangs cause in our neighborhoods," Emanuel said, adding that his efforts to lengthen the public school day and provide before- and after-school programs for youths were part of the eventual solution.

Emanuel last week also noted that overall crime in Chicago was down about 8.5 percent for the year.

This previous winter was particularly violent. In the first three months of 2012, when the city experienced unseasonable warmth, homicides ran about 60 percent ahead of the 2011 rate. As the year went on, the increase in killings leveled out but still remained higher than in previous years.

In his statement Friday, McCarthy lauded the overall drop in crime in the city and said department efforts resulted in less violence in the latter part of 2012.

"CPD has put the right people in the right places to accomplish our long-term goal of reducing crime and ensuring that our streets and our neighborhoods belong to the residents of this city," McCarthy said in his statement. "Since the gang violence reduction strategy was adopted, we have seen drastic reductions in shootings and homicides that spiked early in the year."

Some within the department feel the disbanding of two specialized units that swooped into "hot spots" to reduce violent crime had a negative impact on this year's rate. After McCarthy was installed last year as the city's top cop, he eliminated those strike forces to move those officers to beat patrols, in the hope they would have more meaningful and positive interactions with the community. The department now uses cops who work all over the city to fulfill the same function as the strike forces, but these "area teams" comprise fewer officers.

McCarthy has blamed the proliferation of guns on Chicago's streets and the splintering of large street gangs into small factions as reasons for the homicide spike.

In October, the Tribune reported that 1 in 4 homicide victims this year were affiliated with the Gangster Disciples, the city's largest street gang, and one also riddled with internal conflict.

Jackson, who authorities described as being affiliated with the Four Corner Hustlers street gang, falls into a category shared by more than 80 percent of Chicago's 2012 homicide victims: those with criminal histories.

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Fans to join Beyonce onstage at Super Bowl

NEW YORK (AP) — All the single ladies — and fellas — will have a chance to join Beyonce onstage at the upcoming Super Bowl.

Pepsi announced Friday that 100 fans will hit the stage when the Grammy-winning diva performs on Feb. 3 at the Mercedes-Benz Superdome in New Orleans. A contest that kicks off Saturday will allow fans to submit photos of themselves in various poses, including head bopping, feet tapping and hip shaking. Those pictures will be used in a TV ad introducing Beyonce’s halftime performance, and 50 people — along with a friend — will be selected to join the singer onstage.

The photo contest — at www.pepsi.com/halftime — ends Jan. 19, but Jan. 11 is the cut-off date for those interested in appearing onstage with Beyonce.

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Memphis Aims to Be a Friendlier Place for Cyclists

Lance Murphey for The New York Times

The Shelby Farms Greenline, which replaced a Memphis rail line.

MEMPHIS — John Jordan, a 64-year-old condo appraiser here, has been pedaling his cruiser bicycle around town nearly every day, tooling about at lunchtime or zipping to downtown appointments.

“It’s my cholesterol-lowering device,” said Mr. Jordan, clad in a leather vest and wearing a bright white beard. “The problem is, the city needs to educate motorists to not run over” the bicyclists.

Bike-friendly behavior has never come naturally to Memphis, which has long been among the country’s most perilous places for cyclists. In recent years, though, riders have taken to the streets like never before, spurred by a mayor who has worked to change the way residents think about commuting.

Mayor A. C. Wharton Jr., elected in 2009, assumed office a year after Bicycling magazine named Memphis one of the worst cities in America for cyclists, not the first time the city had received such a biking dishonor. But Mr. Wharton spied an opportunity.

In 2008, Memphis had a mile and a half of bike lanes. There are now about 50 miles of dedicated lanes, and about 160 miles when trails and shared roads are included. The bulk of the nearly $1 million investment came from stimulus money and other federal sources, and Shelby County, which includes Memphis, was recently awarded an additional $4.7 million for bike projects.

In June, federal officials awarded Memphis $15 million to turn part of the steel truss Harahan Bridge, which spans the Mississippi River, into a bike and pedestrian crossing. Scheduled to open in about two years, the $30 million project will link downtown Memphis with West Memphis, Ark.

“We need to make biking part of our DNA,” Mr. Wharton said. “I’m trying to build a city for the people who will be running it 5, 10, 15 years from now. And in a region known to some for rigid thinking, the receptivity has been remarkable.”

City planners are using bike lanes as an economic development tool, setting the stage for new stores and enhanced urban vibrancy, said Kyle Wagenschutz, the city’s bike-pedestrian coordinator, a position the mayor created.

“The cycling advocates have been vocal the past 10 years, but nothing ever happened,” Mr. Wagenschutz said. “It took a change of political will to catalyze the movement.”

Memphis, with a population of 650,000, is often cited among the unhealthiest, most crime-ridden and most auto-centric cities in the country. Investments in bicycling are being viewed here as a way to promote healthy habits, community bonds and greater environmental stewardship.

But as city leaders struggle with a sprawling landscape — Memphis covers about the same amount of land as Dallas, yet has half the population — their persistence has run up against another bedeviling factor: merchants and others who are disgruntled about the lanes.

A clash between merchants and bike advocates flared last year after the mayor announced new bike lanes on Madison Avenue, a commercial artery, that would remove two traffic lanes. Many merchants, like Eric Vernon, who runs the Bar-B-Q Shop, feared that removing car lanes would hurt businesses and cause parking confusion. Mr. Vernon said that sales had not fallen significantly since the bike lanes were installed, but that he thought merchants were left out of the process.

On McLean Boulevard, a narrow residential strip where roadside parking was replaced by bike paths, homeowners cried foul. The city reached a compromise with residents in which parking was outlawed during the day but permitted at night, when fewer cyclists were out. Mr. Wagenschutz called the nocturnal arrangement a “Cinderella lane.”

Some residents, however, were not mollified. “I’m not against bike lanes, but we’re isolated because there’s no place to park,” said Carey Potter, 53, a longtime resident who started a petition to reinstate full-time parking.

The changes have been panned by some members of the City Council. Councilman Jim Strickland went as far as to say that the bike signs that dot the streets add “to the blight of our city.”

Tensions aside, the mayor’s office says that the potential economic ripple effect of bike lanes is proof that they are a sound investment.

A study in 2011 by the University of Massachusetts found that building bike lanes created more jobs — about 11 per $1 million spent — than any other type of road project. Several bike shops here have expanded to accommodate new cyclists, including Midtown Bike Company, which recently moved to a location three times the size of its former one. “The new lanes have been great for business,” said the manager, Daniel Duckworth.

Wanda Rushing, a professor at the University of Memphis and an expert on urban change in the South, said bike improvements were of a piece with a development model sweeping the region: bolstering transportation infrastructure and population density in the inner city.

“Memphis is not alone in acknowledging that sprawl is not sustainable,” Dr. Rushing said. “Economic necessity is a pretty good melding substance.”

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Wall Street ends sour week with fifth straight decline

NEW YORK (Reuters) - Stocks fell for a fifth straight day on Friday, dropping 1 percent and marking the S&P 500's longest losing streak in three months as the federal government edged closer to the "fiscal cliff" with no solution in sight.

President Barack Obama and top congressional leaders met at the White House to work on a solution for the draconian debt-reduction measures set to take effect beginning next week. Stocks, which have been influenced by little else than the flood of fiscal cliff headlines from Washington in recent days, extended losses going into the close with the Dow Jones industrial average and the S&P 500 each losing 1 percent, after reports that Obama would not offer a new plan to Republicans. The Dow closed below 13,000 for the first time since December 4.

"I was stunned Obama didn't have another plan, and that's absolutely why we sold off," said Mike Shea, managing partner at Direct Access Partners LLC in New York. "He's going to force the House to come to him with something different. I think that's a surprise. The entire market is disappointed in a lack of leadership in Washington."

In a sign of investor anxiety, the CBOE Volatility Index , known as the VIX, jumped 16.69 percent to 22.72, closing at its highest level since June. Wall Street's favorite fear barometer has risen for five straight weeks, surging more than 40 percent over that time.

The Dow Jones industrial average dropped 158.20 points, or 1.21 percent, to 12,938.11 at the close. The Standard & Poor's 500 Index lost 15.67 points, or 1.11 percent, to 1,402.43. The Nasdaq Composite Index fell 25.59 points, or 0.86 percent, to end at 2,960.31.

For the week, the Dow fell 1.9 percent. The S&P 500 also lost 1.9 percent for the week, marking its worst weekly performance since mid-November. The Nasdaq finished the week down 2 percent. In contrast, the VIX jumped 22 percent for the week.

Pessimism continued after the market closed, with stock futures indicating even steeper losses. S&P 500 futures dropped 26.7 points, or 1.9 percent, eclipsing the decline seen in the regular session.

All 10 S&P 500 sectors fell during Friday's regular trading, with most posting declines of 1 percent, but energy and material shares were among the weakest of the day, with both groups closely tied to the pace of growth.

An S&P energy sector index slid 1.8 percent, with Exxon Mobil down 2 percent at $85.10, and Chevron Corp off 1.9 percent at $106.45. The S&P material sector index fell 1.3 percent, with U.S. Steel Corp down 2.6 percent at $23.03.

Decliners outnumbered advancers by a ratio of slightly more than 2 to 1 on the New York Stock Exchange, while on the Nasdaq, two stocks fell for every one that rose.

"We've been whipsawing around on low volume and rumors that come out on the cliff," said Eric Green, senior portfolio manager at Penn Capital Management in Philadelphia, who helps oversee $7 billion in assets.

With time running short, lawmakers may opt to allow the higher taxes and across-the-board federal spending cuts to go into effect and attempt to pass a retroactive fix soon after the new year. Standard & Poor's said an impasse on the cliff wouldn't affect the sovereign credit rating of the United States.

"We're not as concerned with January 1 as the market seems to be," said Richard Weiss, senior money manager at American Century Investments, in Mountain View, California. "Things will be resolved, just maybe not on a good timetable, and any deal can easily be retroactive."

Trading volume was light throughout the holiday-shortened week, with just 4.46 billion shares changing hands on the New York Stock Exchange, the Nasdaq and NYSE MKT on Friday, below the daily average so far this year of about 6.48 billion shares. On Monday, the U.S. stock market closed early for Christmas Eve, and the market was shut on Tuesday for Christmas. Many senior traders were absent this week for the holidays.

Highlighting Wall Street's sensitivity to developments in Washington, stocks tumbled more than 1 percent on Thursday after Senate Majority Leader Harry Reid warned that a deal was unlikely before the deadline. But late in the day, stocks nearly bounced back when the House said it would hold an unusual Sunday session to work on a fiscal solution.

Positive economic data failed to alter the market's mood.

The National Association of Realtors said contracts to buy previously owned U.S. homes rose in November to their highest level in 2-1/2 years, while a report from the Institute for Supply Management-Chicago showed business activity in the U.S. Midwest expanded in December.

"Economic reports have been very favorable, and once Congress comes to a resolution, the market should resume an upward trend, based on the data," said Weiss, who helps oversee about $125 billion in assets. "All else being equal, we see any further decline as a buying opportunity."

Barnes & Noble Inc rose 4.3 percent to $14.97 after the top U.S. bookstore chain said British publisher Pearson Plc had agreed to make a strategic investment in its Nook Media subsidiary. But Barnes & Noble also said its Nook business will not meet its previous projection for fiscal year 2013.

Shares of magicJack VocalTec Ltd jumped 10.3 percent to $17.95 after the company gave a strong fourth-quarter outlook and named Gerald Vento president and chief executive, effective January 1.

The U.S.-listed shares of Canadian drugmaker Aeterna Zentaris Inc surged 13.8 percent to $2.47 after the company said it had reached an agreement with the U.S. Food and Drug Administration on a special protocol assessment by the FDA for a Phase 3 registration trial in endometrial cancer with AEZS-108 treatment.

(Reporting by Ryan Vlastelica; Editing by Jan Paschal)

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Gulf War General Schwarzkopf dies

WASHINGTON (Reuters) - Norman Schwarzkopf Jr., the hard-charging U.S. Army general whose forces smashed the Iraqi army in the 1991 Gulf War, has died at the age of 78, a U.S. official said on Thursday.

The highly decorated four-star general died at 2:22 p.m. EST (1922 GMT) at his home in Tampa, Florida, said the official, who spoke on condition of anonymity. The cause of death was not immediately known.

Schwarzkopf, a burly Vietnam War veteran known to his troops as Stormin' Norman, commanded more than 540,000 U.S. troops and 200,000 allied forces in a six-week war that routed Iraqi leader Saddam Hussein's army from Kuwait in 1991, capping his 34-year military career.

Some experts hailed Schwarzkopf's plan to trick and outflank Hussein's forces with a sweeping armored movement as one of the great accomplishments in military history. The maneuver ended the ground war in only 100 hours.

Former U.S. President George H.W. Bush, who built the international coalition against Iraq after the invasion of Kuwait, said he and his wife "mourn the loss of a true American patriot and one of the great military leaders of his generation," according to a statement released by his spokesman.

Bush has been hospitalized in Houston since late November.

In a statement, the White House called Schwarzkopf "an American original" whose "legacy will endure in a nation that is more secure because of his patriotic service."

PHYSICAL PRESENCE

Schwarzkopf was a familiar sight on international television during the war, clad in camouflage fatigues and a cap. He conducted fast-paced briefings and reviewed his troops with a purposeful stride and a physical presence of the sort that clears bar rooms.

Little known before Iraqi forces invaded neighboring Kuwait, Schwarzkopf made a splash with quotable comments. At one briefing he addressed Saddam's military reputation.

"As far as Saddam Hussein being a great military strategist," he said, "he is neither a strategist, nor is he schooled in the operational arts, nor is he a tactician, nor is he a general, nor is he a soldier. Other than that, he's a great military man, I want you to know that."

Schwarzkopf returned from the war a hero and there was talk of him running for public office. Instead, he wrote an autobiography - "It Doesn't Take a Hero" - and served as a military analyst.

He also acted as a spokesman for the fight against prostate cancer, with which he was diagnosed in 1993.

Schwarzkopf was born August 22, 1934, in Trenton, New Jersey, the son of Colonel H. Norman Schwarzkopf Sr., the head of the New Jersey State Police. At the time, the older Schwarzkopf was leading the investigation of the kidnapping and murder of aviator Charles Lindbergh's infant son, one of the most infamous crimes of the 20th century.

The younger Schwarzkopf graduated from the U.S. Military Academy at West Point, New York, in 1956. He earned a masters degree in guided-missile engineering from the University of Southern California and later taught engineering at West Point.

Schwarzkopf saw combat twice - in Vietnam and Grenada - in a career that included command of units from platoon to theater size, training as a paratrooper and stints at Army staff colleges.

CHESTFUL OF MEDALS

He led his men in firefights in two tours of Vietnam and commanded all U.S. ground forces in the 1983 Grenada invasion. His chestful of medals included three Silver and three Bronze Stars for valor and two Purple Hearts for Vietnam wounds.

In Vietnam, he won a reputation as an officer who would put his life on the line to protect his troops. In one particularly deadly fight on the Batangan Peninsula, Schwarzkopf led his men through a minefield, in part by having the mines marked with shaving cream.

In 1988, Schwarzkopf was put in charge of the U.S. Central Command in Tampa, with responsibility for the Horn of Africa, the Middle East and South Asia. In that role, he prepared a plan to protect the Gulf's oil fields from a hypothetical invasion by Iraq. Within months, the plan was in use.

A soldier's soldier in an era of polished, politically conscious military technocrats, Schwarzkopf's mouth sometimes got him in trouble. In one interview, he said he had recommended to Bush that allied forces destroy Iraq's military instead of stopping the war after a clear victory.

Schwarzkopf later apologized after both Bush and Defense Secretary Dick Cheney fired back that there was no contradiction among military leaders to Bush's decision to leave some of Saddam's military intact.

After retirement, Schwarzkopf spoke his mind on military matters. In 2003, when the United States was on the verge of invading Iraq under President George W. Bush, Schwarzkopf said he was unsure whether there was sufficient evidence that Iraq had nuclear weapons.

He also criticized Donald Rumsfeld, the secretary of defense at the time, telling the Washington Post that during war-time television appearances "he almost sometimes seems to be enjoying it."

Schwarzkopf and his wife, Brenda, who he married in 1968, had two daughters and one son.

In a statement, Defense Secretary Leon Panetta praised Schwarzkopf as "one of the great military giants of the 20th century."

General Martin Dempsey, chairman of the Joint Chiefs of Staff, said he "embodied the warrior spirit," and called the victory over Hussein's forces the hallmark of his career.

(Reporting by David Alexander, Ian Simpson and Roberta Rampton; Writing by Bill Trott; Editing by Stacey Joyce and Todd Eastham)

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